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Source: eLocalLawyers.com
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In regard to the Bill of Rights: the pithiness of the text, as not to fully consider or detail whether or not this should have applied both to the states as well as to the federal government shows that framers of the Constitution were unable to foresee such conflict on the matter between the federal government and the states. It is hard to imagine that the framers would have not included text for the incorporation of the Bill of Rights if they had a chance to witness the imminent conflict. The argument for the exclusionary rule is made from the original text of the Constitution within the Fourth Amendment. It wasn’t until 1833, however, that the Supreme Court confronted the argument that a state government had violated one of the provisions of the Bill of Rights.
In Hurtado v. California, 110 U.S. 516 (1884), the Court held that the Fourteenth Amendment was a limit on state power. The case that set forth the exclusionary rule was Weeks v. United States, 232 U.S. 383 (1914). In Weeks the Court held that evidence (betting slips) could not be used because there was no warrant obtained by federal marshals to search the premises. The ruling, however, did not apply to state and local police, since the Bill of Rights was not applicable to state jurisdiction. In Gitlow v. New York, 268 U.S. 652 (1925), the Court ruled that the Fourteenth Amendment had extended the reach of certain provisions of the First Amendment. With the Gitlow decision, Barron began to lose some of its authoritative status for the first time.
In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court held that the exclusionary rule was now applicable to state courts when local police violated the rules governing searches and seizures under the Fourth Amendment. In Mapp, Justice Thomas C. Clark gave pragmatic reasoning for extending the Weeks decision to the states. Justice Clark argued that without applying the Weeks decision to the states the Fourth Amendment would be dramatically reduced. Justice Clark also clarified that it is the “law that sets the criminal free,” not the authorities. It was one year later that the Selective Incorporation Doctrine (1962) was formally signed, making the first ten amendments to the Constitution—known as the Bill of Rights—binding on the states.
There have been several cases involving the three said types of impression evidence (as the only real evidence against) over the years that have been overturned. Ray Krone, once branded the “snaggletooth killer,” was released from the Arizona State Prison in 2002 after DNA cleared him of the killing of Phoenix cocktail waitress, Kim Ancona, back in 1991. A bite mark on the victim’s breast (and the testimony of Dr. Raymond Rawson, the State’s dental expert) was basically the only evidence that convicted Krone of the murder. But later DNA analysis found that the true identity of the killer was a man already incarcerated on another unrelated offense.
In 1997 Lavelle L. Davis was convicted of shooting to death Patrick Ferguson in Illinois in 1993. The evidence that led to the conviction of Davis centered largely on a lip print recovered from the scene that a forensic examiner testified linked Davis to the scene. Davis finally got an appeal hearing in 2006; and there judge, Timothy Q. Sheldon, reversed the conviction, noting that lip prints were not and had never been an accepted means of identification. Prosecutors dropped all charges against Davis in 2009.
Back in 2004, Brandon Mayfield, an Oregon attorney and Muslim convert, was held as a material witness in the Madrid train bombing of 11 March 2004, “a terrorist attack in which 191 people were killed.” Mayfield was picked up after a latent palm print (attributed to him by FBI senior fingerprint examiner, Terry Green) was lifted off of a bag that was recovered in Madrid containing detonators and explosives. They held Mayfield despite his claims that he had not left the U.S. in almost ten years and did not even own a passport. A few weeks later the FBI retracted the identification and issued an apology to Mayfield. Police now believe that the prints belong to Daoud Ouhnane, who is still a fugitive, and that he was the mastermind and chief coordinator of the attack in Madrid. 





Aside from the fact that Zimmerman clearly took the law into his own hands and became a vigilante killer of an unarmed 17-yr-old half his size, police really dropped the ball here as did Seminole State Attorney, Norm Wolfinger. It is ludicrous for the Sanford police to say that they did not have probable cause to arrest George Zimmerman. Probable cause to arrest only requires that there be a possibility that a crime was committed based on known facts—and clearly when it comes to murder, police are normally much more stringent.
Today the New Black Panther Party for Self-Defense is calling for a militia of 5,000 black volunteers to help capture George Zimmerman. “George Zimmerman was not a police officer he was a community volunteer,” said Mikhail Muhammad, Southern Regional Director of the New Black Panther Party. The black political organization has begun posting flyers calling for Zimmerman’s capture “dead or alive” and is offering a reward of $10,000 to the person who captures him. The party not only blames Zimmerman for the black teen’s death, but is also attributing the responsibility to Sanford Police and Prosecutor Angela Corey. “It’s time for us as black men to take justice in our own hands,” said Muhammad just outside the neighborhood where Martin was gunned down. “You kill mine god-damn it I got to kill yours” said Muhammad.
Meanwhile, Dwayne Wade of the Miami Heat (NBA basketball team) wrote a tribute to Martin on his sneakers before a recent game. Wade said that his kids wear “hoodies”as well, and feared that something like this could easily happen to them, and he wanted to pay tribute to Martin and his family. Part 2



